Saturday, October 25, 2014

ROME>> After a two-day guardianship hearing this week in Oneida
County Supreme Court, Judge Samuel Hester ruled that Tomas Zavalidroga
no longer has power of attorney status over his mother, Margaret
Zavalidroga, an attorney connected to the case said.

In court, Tomas faced off against his brothers Victor and Jon
Zavalidroga, who sought to have Tomas stripped of his power of attorney
status over Margaret Zavalidroga and void recent land transfers from
Margaret to Tomas. One of the main issues being two quitclaim deeds
filed by Tomas using his power of attorney status, transferring to him
two parcels of land on Forward Road in Blossvale, that had previously
been in Margaret’s name.

Colin LaReaux, a Utica-based attorney representing Victor and Jon
in the guardianship matter said that Tomas did not retain an attorney
to represent him for this matter.

The hearing was conducted Tuesday and Wednesday after which Hester
ruled that Tomas was not to be his mother’s power of attorney, and
neither was Jon or Victor, LaReaux said, adding that “soon” mother
Margaret will have a court-appointed guardian.

LaReaux declined to go into specifics regarding why the judge
ruled for an independent guardian rather than Jon and Victor handle
Margarets affairs, other than saying that Hester felt it best to appoint
someone outside the family.

Previously, Hester ruled that the press and public will be barred
from the guardianship hearing because of the need to discuss health and
financial information of Margaret Zavalidroga.

Related to the guardianship issue, is an ongoing criminal case
that began in July, when Tomas was charged with reckless endangerment
and making a false report to police, both misdemeanors; after he
reported Margaret Zavalidroga, 83 missing.

Police say that Tomas knowingly led his mother into the woods and then made a missing persons report.

They both lived on Forward Road in Blossvale. Margaret was
missing for almost three days, before being found partially clothed in a
wooded area of Oneida by a search and rescue team.

Three former
employees at Genesis HealthCare’s Edmonson Center nursing home pleaded
not guilty Monday to several charges stemming from allegations of
residential abuse.

Jerry Snyder, Kelly Duvall and Kayla Kinser will return to Edmonson Circuit Court on Dec. 15 following their arraignments.

Snyder, 30, of Leitchfield, is charged with 14
counts each of first-degree criminal abuse, knowingly abusing or
neglecting an adult and fourth-degree assault, plus two counts of
second-degree wanton endangerment.

Duvall, 49, of Sweeden, and Kinser, 22, of
Leitchfield, each face charges of four counts of first-degree criminal
abuse, knowingly abusing or neglecting an adult and fourth-degree
assault, along with two counts of second-degree wanton endangerment.

The indictments against the one-time employees
accuse them of abusing two women who reside at the nursing home between
August 2013 and February.

In fall 2013, then-95-year-old Ella Mae Potts’ bank account
was overdrawn, and there was no money to buy groceries or pay bills.

Her granddaughter, 50-year-old Martha Gail Baker, was her primary caregiver.

An
investigation later showed that Baker had been forging some of Potts’
checks and forcing her to sign others to steal more than $1,685,
according to police records.

Baker’s case is one of about two
dozen routed through the Bibb County District Attorney’s Office’s Elder
and Disabled Abuse Unit since the unit formed last year.

Prior to
last May, the office had handled three elder abuse cases dating back to
2005, said Will Johnson, the prosecutor assigned to the new unit.

Adult
Protective Services is Georgia’s agency that investigates abuse to
people aged 65 and up or disabled people over 18 who don’t live in
long-term care facilities.

The agency’s director, Barbara
Pastirik, said Adult Protective Services’ partnership with prosecutors
across the state is very important.

“We aspire not just to uncover
the abuse and stop it from happening but also to hold people
accountable,” she said. “It takes the team.”

District Attorney
David Cooke established the special prosecuting unit in May 2013 after
taking note of the referrals his office received relating to elder abuse
and the increasing elderly population. He saw a need for a specialist.

Bibb County’s program is one of two in the state, Cooke said last week.

“As our population ages, protecting the elderly is one of the best things we can do to protect our families,” he said.

Johnson
said Bibb County’s unit is patterned after the other unit in the state
that’s located at the De- Kalb County District Attorney’s Office.

DeKalb’s
unit was launched about five years ago after its leader, assistant
district attorney Jeanne Canavan, prosecuted a group of telemarketers
who called 10,000 seniors and tricked them into disclosing their Social
Security and bank account numbers.

Listening to recordings of the calls, Canavan said it made her “blood boil.”

Her unit started with only two people but has grown to have three attorneys and support staff.

In
Bibb County, all forms of abuse on an elderly or disabled person --
including physical abuse -- are handled by Johnson’s unit.

People found guilty can be sentenced to up to 20 years.

Punishments vary.

In
Baker’s case, she was sentenced to 15 years on probation and to
complete a residential substance abuse treatment center program after
she pleaded guilty to one count of exploitation of an elder person,
according to Bibb County Superior Court records.

Attempts to reach Baker were unsuccessful last week.

Johnson said his work on the unit has been rewarding, and it has made him more sensitive to how vulnerable some people can be.

In
addition to prosecuting crimes, Johnson has become a clearinghouse for
the elderly and disabled who don’t know who to call for information
about food stamps, housing or other needs.

Sometimes people need help navigating the system, and “I can get them to people who can provide those services,” he said.

Johnson
is part of a new Vulnerable Adult Justice Task Force launched Friday,
which brings together representatives from Adult Protective Services,
the Georgia Department of Behavioral Health and Developmental
Disabilities, service providers, prosecutors and law enforcement to
review how past cases were handled and how investigations and services
provided can be improved.

Although the task force initially will
only be reviewing Bibb County cases, Johnson said he hopes the group
will expand to include Middle Georgia.

“Our elders and our disabled are our silent victims,” Johnson said.

Unlike crimes against children that get publicity, crimes against the elderly rarely are in the spotlight.

“I
want to make sure that an elder or disabled person gets a voice and
they get justice,” he said. “Just because you’re not a prominent victim
doesn’t mean you’re not entitled to justice and to have a voice in the
process.”

Friday, October 24, 2014

Kate Allat suffered a stroke at the age of 39 and the mother spent 10 days in a coma afterwards.
Now that she is past that frightful ordeal, Allat reveals in a new
interview that she heard everything going on around her in her hospital
room and she was fearful her life support would be turned off.

Kate Allat

Allat indicates that her mind was functioning normally during her
coma but everyone around her thought she was brain-dead as she laid in
her hospital bed paralyzed and unable to speak or breathe on her own.
She listened in fright as medical staff discussed switching off her life
support with her family.

BIRMINGHAM, Alabama - A Jefferson County woman employed by a
Birmingham law firm stole nearly $300,000 from clients deemed unable to
oversee their own finances and used the money to fund a lavish
lifestyle, authorities said today.

Janice Davis

A grand jury this month indicted 36-year-old Janice Davis, of Minor,
on 35 criminal charges. The U.S. Marshal's Fugitive Task Force arrested
Davis at her home Oct. 16. She was released the following day after
posting $250,000 bond.

Jefferson County sheriff's Chief Deputy Randy Christian said the law
firm of Hand Arendall LLC in July contacted the Jefferson County
District Attorney's Office after noticing a discrepancy in the firm's
Guardianship Department. The inquiry was handed over to the sheriff's
office, which launched an investigation.

Davis, authorities said, was responsible for the disbursement of
payments for the firm's attorney who had been appointed fiduciary by the
Jefferson County Probate Court or the Veteran's Administration to
assist clients who had been deemed unable to oversee their personal
financial affairs.

Once the discrepancy was noticed, Christian said, Davis was fired
from Hand Arendall. The investigation found almost $295,000 was
misappropriated from 34 accounts the firm managed through manipulation
of the payment system they had in place.

The theft took place over nearly three years. Authorities said Davis
used the money to pay personal bills including a $66,000 credit card
balance and she bought two Mercedes.

The case was presented to a Jefferson County grand jury this month.
Davis was indicted on the following charges: 10 counts of elderly
abuse/neglect, 12 counts of first-degree financial exploitation of an
elderly person, eight counts of second-degree financial exploitation of
an elderly person, four counts of third-degree of financial exploitation
an elderly person, and one count of firs-degree theft of property.

Roger Bates, a managing partner at Hand Arendall, said none of the
victims will suffer any financial loss, nor did they suffer any loss of
services, medical treatment, care or housing. The firm also had launched
additional layers of security to its Guardianship accounts.

A Dothan man has been indicted on charges he bilked thousands of dollars
from two elderly women. A Geneva County grand jury recently found there
is sufficient evidence against Willie N. Williams to take him to trial.

Williams,
50, is charged with financial exploitation of the elderly in connection
with allegations he bilked two Geneva women out of more than $2,000
each. One alleged victim is her 80’s while the other is believed to be
about 70.

Police say the crimes occurred in mid-June when Norris
offered to perform tree trimming and other lawn work for the victims. He
is accused of intimidating them into paying $2,700 in one case and
$2,070 in the other.

In its
order, the court said it was suspending McCaffery with pay to "protect
and preserve the integrity" of the state's judicial system and called on
the independent Judicial Conduct Board to complete an investigation in
30 days.

The 4-1 decision, with two recusals, said McCaffery may
have sought favors for his wife, who has been his chief legal clerk.
Without elaborating, the court said McCaffery "may have attempted to
exert influence" in judicial court appointments in his hometown of
Philadelphia.

"More recently, Justice McCaffery has publicly accepted
responsibility for exchanging hundreds of sexually explicit emails with a
member or members of the office of attorney general," which surfaced
during the attorney general's review of its handling of the Jerry
Sandusky investigation, the court said in its order.

The court
also cited a claim by Justice J. Michael Eakin that McCaffery on
Thursday had "importuned him" to urge Chief Justice Ron Castille to
retract his statements about the emails, or McCaffery would release
emails embarrassing Eakin.

In a concurring opinion, Castille said,
"It would be impossible for this court to function effectively while
Justice McCaffery sits on this court."

McCaffery has referred to
the email scandal as a "cooked-up controversy" that's part of a
"vindictive pattern of attacks" on him by Castille. In his opinion
Monday, Castille suggested that McCaffery displays "pathological
symptoms [that] describe a sociopath" who blames others for his
"transgressions."

Castille
conducted his own inquiry into the emails after an Oct. 2 story in The
Morning Call, which reported McCaffery had forwarded sexually explicit
emails to a state worker who forwarded them to other state workers.

In
its order Monday, the court relied on Castille's description of the 234
sexually explicit emails he reviewed from the attorney general's office
as "highly demeaning portrayals of … women, elderly persons and
uniformed school girls."

New Procedure Will Work to Ensure Public Knowledge of Misconduct

Harrisburg, Pa. – Demonstrating its commitment to safeguarding the public and the reputation of the legal profession, the Disciplinary Board of the Supreme Court of Pennsylvania announces an initiative to make it easier for the public to determine when an attorney has received public discipline. Effective immediately, the Board is issuing a news release to media outlets in communities where an attorney does business when the attorney is disbarred or suspended by order of the Supreme Court of Pennsylvania.

Although the Board has a longstanding practice of posting these notices on its website for the public and notifying newspapers of appropriate disciplinary actions, the notices typically appear only in the legal notices section of classified advertising. This latest effort is designed to broaden the reach of the disciplinary notices to boost public awareness of the actions.

The Disciplinary Board was created by the Supreme Court in 1972 to consider and investigate the conduct of any attorney admitted to practice law in Pennsylvania. Funded by annual assessments paid by attorneys licensed to practice in the Commonwealth, it assists the Supreme Court in all matters involving attorney licensing and discipline throughout the Commonwealth.

“As members of the Disciplinary Board, our duty is to assist the Supreme Court in protecting the public, preserving the integrity of the legal profession and safeguarding the reputation of our courts and the legal system,” said R. Burke McLemore, Jr., Chair of the Disciplinary Board. “By raising awareness of attorney discipline, we highlight our commitment to achieving these goals by demonstrating to the public how the profession is policing itself.”

The decision to focus additional efforts on raising public awareness of such actions was partly prompted by events earlier this year when a Dauphin County lawyer failed to notify his clients that he was forced to surrender his law license. Some of his clients claimed significant financial loss.

To stay up to date on the latest notices, the public also is encouraged to visit the Board’s website at www.padisciplinaryboard.org. Designed for easy viewing, the website enables users to search recent actions on attorneys, including Supreme Court orders detailing the actions and reasons under the Look Up – Supreme Court Actions tab.

About the Disciplinary Board of the Supreme Court of PA

The Disciplinary Board's goals are to protect the general public, maintain a high standard of integrity in the legal profession, and safeguard the reputation of the courts of Pennsylvania. The Disciplinary Board was created by the Supreme Court of Pennsylvania to review conduct and assure compliance by all attorneys to the Pennsylvania Rules of Professional Conduct. For more information about the Disciplinary Board, please visit www.padb.us.

Wednesday, October 22, 2014

As district attorney, Mary E. Rain has become an
embarrassment and impediment to the criminal justice system in St.
Lawrence County.

She refuses to accept instruction from
anyone on points of law, even from individuals who are as well versed —
if not more so — in the law as she is. Her quest for personal
vindication has blinded her to the need for professionalism and respect
as someone who holds a public trust.

In a ruling issued
Thursday, County Judge Jerome J. Richards enumerated numerous mistakes
that Ms. Rain committed in obtaining a grand jury indictment against
Oral N. Hillary in the 2011 death of Garrett J. Phillips. But instead of
accepting the chance to correct the criticisms by empaneling a new
grand jury to consider a proper indictment of Mr. Hillary, Ms. Rain
appealed the decision and castigated Judge Richards by claiming the
judge has a personal bias against her and has sabotaged her work since
July.

The video, which features interviews of Brittany Maynard and her
family members, is very emotional. Maynard, who was diagnosed this past
spring, suffers from a stage-four gliobastoma multiforme brain tumor.
She has a very aggressive form of brain cancer, and it is difficult to
control its growth. In her video story, she describes how she was
diagnosed and relates her understanding that the glioblastoma will
eventually kill her. She then relates her fear that this scenario will
be “out of her control.”

As I watched the video, I wanted to hug Brittany and shed tears right
along with her because I, too, know those fears. I was also diagnosed
this past spring with a stage-four glioblastoma multiforme brain tumor.

I can identify with Maynard and her spunky, adventurous spirit. She
describes her love of travel. In my profession with The Lutheran
Church–Missouri Synod’s mercy outreach, I’ve led medical mission teams
and worked on relief projects in 11 countries, loving every minute of
it. I have seen the poorest of the poor and the sickest of the sick. I
have seen suffering that would make anyone’s stomach turn.

The Hardest Part Is Not Knowing When

Now I face my own prognosis of future suffering. Some days are
joyful. Some days the diagnosis feels like a huge weight in my backpack.

The hardest part of a terminal diagnosis is not knowing the timeline.
I speak candidly with my physicians and pray that they can keep my
tumor under control with the latest therapies to extend my life, one
more year, month, day. Someday, I hope my tumor qualifies to be studied
in one of the many clinical trials for brain cancer. I’d like to think
my situation was part of a cure for someone else.

My doctors have applauded my decision to step down from my physically
and emotionally demanding job to spend precious time with my family. I
have a husband and three daughters who I hope will always remember me as
a strong, thoughtful (but bull-headed) woman, carrying Christ’s mercy
and compassion for others in my soul with rich joy and meaning.

Suicide Is Not the Answer to Brain Cancer

And here is where my comparison with Brittany Maynard ends. Maynard
chose to move her family to Oregon earlier this year to have legal
access to physician-assisted suicide and to receive a prescription for
drugs that she has stated she will use to take her life two days
following her husband’s birthday, on Nov. 1, 2014. It’s interesting that
Maynard steadfastly refuses to refer to her decision as an act of
suicide, even though she will, quite literally, take her own life.

Many people who choose assisted-suicide have expressed that they are
uncomfortable with the term. Assisted suicide, which means helping
someone take his or her own life, has been redefined into the more
euphemistic “aid in dying” or sometimes “death with dignity” campaign
which has been spearheaded by the well-funded special-interest group
Compassion and Choices (previously known as The Hemlock Society).

However well-intentioned, this is one area where the old adage that
“Hard cases make bad law” comes into play. To make good policy decisions
about assisted suicide for our society, we need to follow the rabbit
trail all the way down the hole to see where it leads. Marilyn Golden, a
senior policy analyst for the Disability Rights Education and Defense
Fund, warned that “assisted suicide is not progressive, in fact, it puts
many vulnerable people at risk, and we have already seen examples of
that where it is legal.” Folks concerned about the rights of people with
disabilities are worried about this.

Boxing legend Leon Spinks is set to undergo a third surgery after he was hospitalised earlier this month (Oct14) for undisclosed reasons. It has emerged the 61-year-old Olympic gold medal winner, who famously beat Muhammad Ali in 1978, is being treated for abdominal issues after accidentally swallowing a chicken bone, which became trapped in his intestines, according to TMZ.com. He is reportedly conscious and recovering, but has to have another surgery.

Meanwhile, Spinks' attorney has dismissed claims from his ex-wife, Betty, alleging she has power of attorney and guardianship over him to make medical decisions. He tells TMZ.com, "(His current wife) Brenda and Leon have a power of attorney agreement. Betty's power of attorney was expressly revoked by Leon."

Tuesday, October 21, 2014

Ohio Attorney General’s information
COLUMBUS — Ohio Attorney General Mike DeWine, State Senator Shannon
Jones (R-Springboro) and State Representative Dorothy Pelanda
(R-Marysville) unveiled legislation to establish a ward’s bill of rights
for those Ohioans who are under the care of a guardianship as well as
introduced a new, user-friendly Guardianship Guide prepared by the Ohio
Attorney General’s Office.

Attorney General Mike DeWine

“People placed in guardianships are especially vulnerable, and there
is a great need for volunteers, family members, and attorneys to act on
their behalf,” said Ohio Attorney General Mike DeWine. “My office
created this guide to reduce confusion surrounding guardianships, so
that individuals are better equipped to serve as guardians or protect
relatives under guardianship.”

Copies of the Guardianship Guide are being mailed to Probate Courts
across the state as well as to advocacy groups like the Ohio Area
Agencies on Aging and Disability Rights Ohio.

The Guide was prepared by the Ohio Attorney General’s Office with
input from: Disability Rights Ohio; the Ohio Department of Developmental
Disabilities; the Ohio Department of Aging; Representative Dorothy
Pelanda; Trumbull County Probate Judge Thomas A. Swift, and Julia Nack
of the Central Ohio Area Agency on Aging.

Representative Pelanda has introduced House Bill 624 that seeks to
enact section 2111.01 of the Ohio Revised Code to provide a ward’s bill
of rights and to require that a guardian receive the Ohio Guardianship
Guide prepared by the Ohio Attorney General. The rights of the ward are
listed on pages 12-14 in the Guide.

Senator Jones has introduced a companion bill, Senate Bill 365.

“This legislation and the Guide are meant to encourage best-practices
and to raise awareness of the unique issues presented in caring for our
juvenile and our elderly wards,” said Representative Pelanda.

“The recent allegations regarding
widespread abuse in the guardianship system are serious and
disturbing,” said Senator Jones. “This legislation is an important first
step to ensure our most vulnerable Ohioan’s are treated with respect
and dignity. I am grateful for the leadership of Attorney General DeWine
and Representative Pelanda.”

For individuals who are not able to take care of their basic needs,
finances, or medical issues, Ohio law gives probate courts the
responsibility of assigning guardianship when less restrictive options
are not feasible. Currently in Ohio there are 65,000 people who are
under the care of a guardian, and that number is expected to rise as the
Baby Boom generation ages.

The Guide can be downloaded from the Ohio Attorney General’s website at www.OhioAttorneyGeneral.gov.

The study, published Friday in the Journal of American Geriatrics Society,
found that many agencies nationwide fail to conduct criminal background
checks or drug testing for new hires and don't require any real
experience or training, which may lead to elder abuse.

"People
have a false sense of security when they hire a caregiver from an
agency," lead study author Lee Lindquist, M.D., said in a statement.
"There are good agencies out there, but there are plenty of bad ones and
consumers need to be aware that they may not be getting the safe,
qualified caregiver they expect. It's dangerous for the elderly patient
who may be cognitively impaired."

Of the 180 agencies researchers surveyed in the study, 55 percent
conducted a federal criminal background check and only one-third of
those agencies interviewed administered drug tests.

"Considering
that seniors often take pain medications, including narcotics, this is
risky," Lindquist said. "Some of the paid caregivers may be illicit drug
users and could easily use or steal the seniors' drugs to support their
own habits."

Lindquist, a physician at Northwestern Memorial
Hospital, recalled a particular situation in which she witnessed
dangerous caregiving first-hand. The caregiver of a 103-year-old patient
was frequently mixing up her own medications with the patient's, giving
her medicines to the elderly patient by mistake because she was
illiterate.

"Some of the paid caregivers are so unqualified it's scary and really puts the senior at risk" for elder albuse, Lindquist said.

A Springfield man has been charged with 15 counts of financial
exploitation of the elderly for what court documents call scams — such
as saying he was selling magazines to benefit the military.

Tim W.
Hughes, 25, is accused of scamming elderly people in door-to-door
solicitations between October 2013 and January 2014, according to Greene
County court documents. Most of the charges are felonies punishable by
up to five years in prison.

Hughes represented himself as a
student or fundraiser who was raising money for school trips, sports or
the military overseas, according to court documents. He allegedly got 16
people to write him checks.

Police interviewed him four times, starting in January, but he continued his scams until August, according to court records.

Monday, October 20, 2014

A state worker who inspects assisted-living
facilities said his bosses placed him on paid administrative leave
Tuesday in retaliation for speaking to the Globe and other media about
the Patrick administration’s failure to investigate serious incidents at
assisted-living centers.

Peter Antonellis,
a compliance officer at the Executive Office of Elder Affairs, said he
was handed a letter saying he is being investigated for multiple
instances of “potentially inappropriate and unprofessional conduct.” He
said he was asked to gather his personal belongings and leave the
office.

Antonellis, 64, said that when he asked supervisors what conduct had triggered the action, he was not given details.

“What
really makes my blood boil is my colleagues and I have been complaining
for the last six years about this program and not once has the
department gathered us in a room to address our complaints,” Antonellis
said.

A Globe story
last month quoted Antonellis about his concerns regarding the agency’s
oversight of assisted-living facilities. He said that the office has
just two ombudsmen to handle thousands of complaints that pour in each
year involving assisted-living residences and that the agency did not
have the staff to regulate the apartment-like facilities for older
adults.

Disciplinary Actions — September & October 2014 State Bar list (verbatim from the State Bar of Texas)

General questions regarding attorney discipline should be directed to the Chief Disciplinary Counsel’s Office, toll-free (877) 953-5535 or (512) 453-5535. The Board of Disciplinary Appeals may be reached at (512) 475-1578. Information and copies of actual orders are available at www.txboda.org. The State Commission on Judicial Conduct may be contacted toll-free, (877) 228-5750 or (512)
463-5533. Please note that persons disciplined by the Commission on
Judicial Conduct are not necessarily licensed attorneys.

HOUSTON AREA DISCIPLINE

DISBARMENT
On April 9, 2014, Don D. Becker [#02012888], 60, of Houston,
was disbarred. An evidentiary panel of the District 4 Grievance
Committee found that in two separate matters Becker neglected the legal
matters entrusted to him, failed to keep his clients reasonably informed
about the status of their legal matters, failed to promptly comply with
reasonable requests for information, and upon termination of
representation, failed to refund advance payments of fee that had not
been earned. Becker also failed to timely furnish to the Office of Chief
Disciplinary Counsel responses or other information as required by the
rules and failed to comply with section 13.01 of the rules relating to
the notification of his cessation of practice. Becker violated Rules
1.01(b)(1), 1.03(a), 1.15(d), 8.04(a)(8), and 8.04(a)(10). He was
ordered to pay $6,500.00 in restitution and $1,640.00 in attorneys’ fees
and direct expenses. Becker did not file an appeal.

SUSPENSIONS
On May 9, 2014, Joseph Campbell Schultz [#24041886], 37, of Bellaire,
accepted a two-year partially probated suspension effective June 1,
2014, with the first six months actively suspended and the remainder
probated. An evidentiary panel of the District 4 Grievance Committee
found that, among four different matters, Schultz neglected a legal
matter entrusted to him, failed to keep clients reasonably informed
about the status of their legal matters, failed to promptly comply with
reasonable requests for information, failed to keep funds belonging to
third parties in a trust account, and failed to promptly deliver to
third parties funds that they were entitled to receive. Schultz violated
Rules 1.01(b)(1), 1.03(a), 1.14(a), and 1.14(b). He was ordered to pay
$2,475 in attorneys’ fees and $536.66 in direct expenses.

On June 6, 2014, Jeffrey Scott Barry [#24036193], 40, of Houston,
accepted a two-year partially pro-bated suspension effective June 13,
2014, with the first year actively suspended and the remainder probated.
An evidentiary panel of the District 4 Grievance Committee found that
in representing his client, Barry neglected the legal matter entrusted
to him, failed to keep his client reasonably informed about the status
of the case and failed to promptly comply with reasonable requests for
information, and failed to explain the legal matter to the extent
reasonably necessary to permit his client to make informed decisions
regarding the representation. Upon termination of representation, Barry
failed to refund advance payments of fee that had not been earned and
also violated a prior disciplinary judgment. Barry violated Rules
1.01(b)(1), 1.03(a), 1.03(b), 1.15(d), and 8.04(a)(7). He was ordered to
pay $3,150 in restitution, $250 in attorneys’ fees, and $70 in direct
expenses.

On June 4, 2014, Timothy Wayne Weltin [#24008260], 48, of Houston,
agreed to an 18-month fully probated suspension effective June 1, 2014.
An evidentiary panel of the District 4 Grievance Committee found that
in representing his client, Weltin neglected the legal matter entrusted
to him, failed to keep his client reasonably informed about the status
of his legal matter and failed to comply with reasonable requests for
information, failed to hold funds belonging to his client that were in
Weltin’s possession separate from his own property, and failed to
promptly deliver to his client funds that the client was entitled to
receive. Weltin violated Rules 1.01(b)(1), 1.03(a), 1.14(a), and
1.14(b). He was ordered to pay $500 in attorneys’ fees.

Sunday, October 19, 2014

The estate of the fired administrator of Macomb County Probate Court
can continue its Whistleblower Protection Act claims against the court
and two judges, the state Court of Appeals ruled this week.

The Court of Appeals reversed a Macomb County judge by saying
that enough “disputed questions of facts exist” to debate whether the
late Donald Housey was fired in retaliation for complaining about a
judge and a guardianship services law firm.

Judge Mark Switalski

Housey was let go in January 2010 by then Chief Judge Mark
Switalski, who contends he had the authority to fire Housey for any
reason. “Coach’s decision,” he said.

Housey sued Switalski, Probate Judge Kathryn George, Macomb County Probate Court and Macomb County three times in two courts.

The federal case has been dismissed, but the two Macomb Circuit Court cases remain in regards to the WPA claim.

This week’s ruling mirrored and was based upon an April opinion
by a different panel in the same court that a lawsuit can continue
against only Probate Court for the WPA claim. The recent ruling also
dismissed the wrongful dismissal claim.

The defendant filed an application to appeal to the state Supreme Court. That has not yet been ruled upon.

Kathleen Bogas, attorney for Housey’s estate, which is represented by his son, Mitchell, said she was pleased with the ruling.

“That (WPA) has always been the strongest part of our case,” she said.

Falling for a scam or con is humiliating for anyone, and can have terrible consequences. But for the elderly, being the victim of fraud can be disastrous, and they are the most common and vulnerable targets of everyday scams, cons, and frauds. From identity theft to gambling scams, from power of attorney issues to pyramid schemes, there is no dearth of creativity in the ways some criminals will relieve the elderly from their money and their homes. Here, Alt and Wells describe the most common scams, offer the stories of actual victims, and detail ways to protect yourself and your family from becoming easy targets.

What makes the elderly such easy marks for con artists? How can they avoid the common traps? Knowing about them is one place to start, and this book helps readers to understand and identify the most common scams perpetrated against the elderly. Because such cons are so hard to prosecute, it is important to know the methods criminals employ to separate innocents from their hard-earned money. This lively, vivid account of one of the most insidious forms of crime will help families and individuals protect themselves and their loved ones from the machinations of those who view them as easy marks.

Amanda Bynes’ conservatorship allows
for the troubled star to remain confined and medicated for up to a year,
according to sources. Bynes was put under a 5150 psychiatric hold on
Friday after her parents utilized the help of former Britney Spears
confidante Sam Lutfi. He deceived her into thinking that she would be
meeting up with her attorney in order to file a lawsuit against her
parents, but she was actually taken to a mental health facility where
she was placed under an involuntary hold.

The hold was originally
set for 72 hours, but it was extended to two weeks. In that time, her
parents were looking to get a conservatorship over her, but her doctors
may have beaten them to the punch. Her doctors are in the process of
getting an LPS Hold, which is basically committing her to the facility in order to administer medications.

Doctors
plan on securing the LPS Hold when Bynes is fully diagnosed within the
next week. The Hold will allow her doctors to give her medications
against her will, whereas under a normal conservatorship, her parents wouldn’t have been able to do so — or confine her.

The
LPS Hold is far more stringent than what her parents could get. The
parents could not legally force meds on Amanda nor could they
effectively restrain her. We’re told Amanda literally hates her parents
now after they tricked her into coming to the mental hospital.

You
may recall … doctors got an LPS Hold on Amanda a little more than a
year ago after she went off the rails … ending with lighting a driveway
on fire and dousing her dog with gasoline. That LPS Hold expired last
month.

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NASGA (National Association to STOP Guardian Abuse, Inc.) is a 501(c)(3) public-interest, civil rights organization formed by victims of unlawful and abusive guardianships and conservatorships. We seek legislative reform of existing law and upgrading of criminal penalties for court-appointed fiduciaries misusing protective proceedings for unjust enrichment and engaging in elder and family abuse.

Our mission is to promote the safety and well being of vulnerable persons subject to injury and damage in their person and property through unlawful and abusive guardianship and/or conservatorship proceedings; to end the growing violations of due process, civil and human rights; to work towards ultimate legislative reform of guardianship as presently practiced; upgrading of criminal penalties for court-appointed fiduciaries misusing protective proceedings for unjust enrichment; and to be a support organization for victims and their families. We carry out our mission through research, outreach, education and advocacy; and going forward, by alliance with community interest, law reform, civil rights and other advocacy organizations.

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